Clinical negligence advice

Clinical negligence case studies

Angela, Essex

Angela had been told by solicitors instructed by her legal expense insurers that she did not have a claim. When Angela instructed our Accredited Clinical Negligence Lawyer the limitation period for bringing proceedings had probably expired.

Our lawyer was able to obtain evidence that Angela’s husband, who had died, and the claim related in part to this, had contracted MRSA at the Princess Alexandra Hospital which led to heart failure, and that this had been caused by the negligence of staff at the hospital. These claims are potentially quite difficult. A further interesting aspect of the case was that our lawyer also able to pursue a claim for Angela, in respect of psychiatric injury, on the basis that her late husband was not getting urgent medical attention, which he required in order to give him a chance of survival. It also highlighted the importance of obtaining documentation relating to investigations carried out by hospitals into such cases as those documents included a report relating to the probable cause of Angela’s late husband’s MRSA, of which Angela had been unaware despite pursuing a complaint for a considerable period of time and also taking the matter to the Ombudsman.

Compensation of £64,000 was agreed.

Pauline, Surrey

Our Accredited Clinical Negligence Lawyer acted in a successful claim against Western Sussex Hospital NHS Trust. This was a complex claim and concerned bladder surgery in 2005 when Pauline was 60 years of age. Pauline suffered from incontinence, unnecessary surgery and psychiatric injury as a result of the negligently performed surgery.

The case was issued and liability was strongly contested.

The case settled for £200,000 after exchange of expert evidence.

Dean, Surrey

Our Accredited Clinical Negligence Lawyer acted on behalf of Dean in respect of his case against a Trust where there was a significant delay in diagnosing and treating his fracture of over 2 years.

This case was particularly interesting in terms of value as Dean was a semi-professional motocross rider and at the time was on the verge of becoming a professional rider. However, during the 2 year period he was unable to compete to the high level he had been, due to the undiagnosed fracture and was unable to become a professional rider as a result. Our lawyer therefore had to obtain a number of statements from riders and managers of various professional teams etc.

Settlement was reached at £80,000.

Max, Essex

The claim arose from the treatment provided to Max during the first year of his life by the Health Visitor Team at his local NHS Primary Care Trust. At 3 months Max’s mother, raised concerns with her Health Visitor that her son had a flattened area on his skull. The Health Visitor told Max’s mother that her son would be referred to a Plagiocephaly Clinic, but due to various administrative and communication problems the referral did not occur at that point. In addition, Max’s mother was not given any information with regards repositioning techniques in order to prevent any further deterioration in her son’s condition whilst she awaited the referral, despite several subsequent visits to the Child Health Clinic. Due to the aforementioned administrative problems, Max was not seen by a specialist at the Plagiocephaly Clinic until he was 10 months old, by which time his fontanelles had fused. His mother was told that no further treatment could be provided by the NHS, but was advised he may benefit from orthotic treatment, so she paid for him to be seen privately at the London Orthotic Consultancy Clinic. He then underwent cranial remoulding treatment by way of an orthotic helmet, and was required to wear it for 23 hours per day. Although the treatment achieved some degree of correction, the outcome would have been much improved had Max been referred at the appropriate stage.

This case was particularly difficult due to the comparative rarity of the condition giving rise to litigation, and although the Defendant made a limited admission in respect of breach of duty in failing to refer Max promptly, they denied failing to provide repositioning advise, and in any event denied liability overall on the basis of causation. Our Accredited Clinical Negligence Lawyer obtained supportive evidence from a Health Visitor expert, orthotic expert and an informal view on Condition & Prognosis from a paediatrician.

Our lawyer negotiated settlement with the Defendant in the sum of £13,750.

Inga, London

Our Accredited Clinical Negligence Lawyer acted for Inga in a claim against Newham General Newham University Hospital NHS Trust. Inga underwent an alleged unnecessary appendicectomy when she was 8 weeks pregnant. Approximately one month following the procedure, she was informed that the junior doctor undertaking the surgery had mistakenly removed her fallopian tube.

Breach of duty was admitted in the Defendant’s Letter of Response. The surgical error did not affect her pregnancy at the time. However, Inga was very concerned about her future fertility. Complex investigations were undertaken utilising various experts and medical tests. It was established that her fertility was only minimally affected. Counsel valued the matter at between £20,000 and £30,000.